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Fair tickets

Michael Alpert: 14 fair tickets, two tickets to Bruno Mars at $28 each, two to Willie Nelson at $33.50 each, two to Doobie Brothers at $20 each. Total: $345

Ruben Barrales: 88 fair tickets, six tickets to Bruno Mars at $28 each, six to Doobie Brothers at $20 each, six to Third Day and MercyMe at $23 each, and six to The Beach Boys at $20 each. Total: $1,690

Note: The fair tickets were listed at $0 on the fairgrounds disclosure form. However, the face value of a general admission fair ticket was $13, and is used in these calculations.

del mar  The state Fair Political Practices Commission is investigating whether 352 county fair and concert tickets given to Del Mar Fairgrounds board members this past summer had a legitimate public purpose.

Lacking such a purpose, the tickets have to be reported as taxable income or gifts to the officials.

The public uses can include performance of a ceremonial role, or when attendance by officials is required under their duties.

Board President Adam Day and members Ruben Barrales, Russ Penniman and Michael Alpert altogether received 300 fair tickets and 52 concert tickets to shows such as Bruno Mars, The Beach Boys and the Doobie Brothers. Each of the four is now being investigated by the FPPC.

The free tickets were noted on a July disclosure form signed by fairgrounds CEO Tim Fennell. The concert tickets were worth $1,261. The fair tickets were noted on the form as worth $0, although at the face value of a ticket for the general public of $13, the fair tickets for the board members totaled $3,900.

A public official cannot exceed $420 from one entity in gifts annually. The FPPC in late 2008 decided that policy applies even to tickets given by an agency to its own governing board, with the ceremonial function exceptions.

Day, Barrales, and Penniman surpassed the $420 limit in tickets to this year’s fair and concerts. Alpert, who received $345 in tickets, resigned from the board in September and therefore may be dropped from the investigation because the FPPC monitors current public officials.

The fairgrounds’ ticket disclosure form reported that the free passes do not have to be declared as income because board members used them in their official capacities. The form also said the members, when performing official duties, were allowed to receive enough tickets for immediate family.

The commission on Oct. 28 sent letters to Day, Barrales, Penniman and Alpert alerting them that they were being investigated in response to a complaint by activist Ian Trowbridge.

Trowbridge’s complaint did not, in fact, mention the four current board members, however. He wrote to the FPPC after a story in The Watchdog noting that three former board members used free fair and concert tickets — which he considered an illegal gift of public money to private citizens.

Gary Winuk, chief of the FPPC enforcement division, said he could not explain why the investigation is going beyond Trowbridge’s initial complaint. Trowbridge said he supported the FPPC scrutinizing the actions of the other four.

“I think they represent the old regime, taking gifts that most people in the public would consider excessive and unreasonable,” Trowbridge said. “If the FPPC decides to open an investigation, more power to them.”

The fairgrounds is managed by a state agency called the 22nd District Agricultural Association. Its board members are appointed by the governor and are not paid.

Day sent The Watchdog a copy of a fairgrounds ticket policy, approved in 2009, under the guidance of the fair’s deputy attorney general. That policy spells out allowable uses of free tickets, including ceremonial functions.

Generally speaking, board members on official duties can have tickets for themselves, plus enough for a spouse and any dependent children.

The ticket policy also says a fair board member can give free tickets to potential sponsors. Day said he gave tickets to a family of five for the Bruno Mars concert. He gave another six away for the Travis Tritt concert. Day said his disclosure form will be corrected to reflect that a potential sponsor got those concert tickets and not his immediate family.

Day received 154 fair tickets, which works out to six per day for him and his five children for the 22-day fair. The form said Day also received 12 tickets to Bruno Mars for him and his immediate family, eight to Travis Tritt and two for the The Beach Boys. That’s a total of $2,002 in fair tickets and $552 in concerts.

“I believe I am in compliance with the FPPC regulations and our policy,” Day said in an emailed statement. “I look forward to working with the FPPC to answer any questions they may have and, if necessary, make any corrections.”

Barrales did not return a phone message left with his receptionist. Penniman said he was out of state on active duty and was unavailable before deadline. Alpert emailed to say he resigned from the board and did not respond to further questions.

The FPPC revised its regulations on such tickets in December 2008 after it received numerous complaints about Orange County Fair Board members and Anaheim City Council members attending Angels games, Ducks games, and concerts for free. The Orange County Register reported that Orange County Fair Board members received 8,892 Pacific Amphitheater concert tickets worth $376,532 over two years leading up to the ruling.

At Del Mar, officials have received discounted tickets, in addition to their free tickets.

Former board member Barry Nussbaum, who received 154 free fair tickets, was allowed to purchase 100 tickets to this year’s fair for $200 under a policy meant for marketing and underprivileged organizations. The Watchdog obtained the receipt for that transaction under a public records request with the fairgrounds.

Nussbaum bought the $2 tickets in May, a month before he was removed from office by Gov. Jerry Brown.

Nussbaum said he gave about 40 of the tickets away to church groups and schools and did not use the rest.

Fennell said Nussbaum bought the tickets under the $2 ticket voucher policy the fairgrounds created in response to state limits on free tickets. The fairgrounds is limited to only donating tickets amounting to four percent of the gross paid admissions to the fair.

The fair board is scheduled to discuss its ticket policy at its public meeting Tuesday.